Frank McCoy v. San Francisco, City & County, a Municipal Corp.

Frank McCoy appeals the district court’s dismissal of his civil rights action, contending that the court erred by holding that the action was time barred. We agree, and reverse and remand for further proceedings. We decline to affirm on the alternative grounds raised by appellees.

I.

McCoy, a San Francisco Police Homicide Inspector, brought this civil rights action against the city and county of San Francisco, the police chief, various officers within the police department, and attorneys representing the department and city. McCoy alleges that these defendants conspired to deny him his civil rights in conjunction with disciplinary action taken against him that culminated in a two-day suspension.

The underlying facts are undisputed. McCoy and other officers were investigated by the police department regarding a citizen’s complaint filed as a result of the officers’ alleged conduct at the scene of a murder on November 28, 1987. McCoy complained that the investigative report was inaccurate and was expressly intended to damage his reputation.

A second investigation resulted in a recommendation that no charges be brought against McCoy. The Chief nevertheless charged McCoy with two…